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32X

PRACTICAL SUGGESTIONS

civtf ♦ .^ • (^it •

ittiug fliglttsi ami f liviUgjs

O A. N A. D A.,

WITH

^u ^in»e»ai.v cantauuug the (Sold I^Uniufl ^lc0ulation.o', &r.,

1!Y

ADOLPIIUS M. HART,

BARKISTttU AT LAW OB" LOWEIl CANADA. AND COUNSELLOR AT LAW OV THE

9TATK OF NKW YOKK.

rRINTED BY JOUN LOVELL, ST. NICHOLAS STREET.

1867.

Entered nccording to the Act ol the rrovincial rarliament in the year one
thousand eight hundred and sixty-seven by Adolpiius BI. IIakt, in the Oir.co of
the Registrar of the I'rovince of Canada.

■'

Opinion of the Hon. Wm. ^adgley , Judge of the Court of Queen's

^enah, Lower Canada.

" 1 think it will be a very useful book for persons engaged n Mining opera-
" tions, and will serve as a very good text book for others outide, when Mining
" legal operations come in their way."

Opinion of the Hon. James Smith, Judge of the Superior Court,

Lower Canada.

" 1 think this book will be well received by the public, and of no small import-
" auco at the present time, when the subject of Mining Uights is likely to become
" interesting. The book has been carefully written, aud opens up in a general way
" the important points likely to become useful to thcge engaged in Jlining pursuits."

(

'■

SIR WILLIAM E. LOGAN, LLD., F.U.S., F.G.S.,

DIRECTOR OF THE (lEOLOOICAL SURVEY OP CANADA,

WH09E SERVICES HAVE 80 GREATLY CONTRIBUTED TO THE PROPPKRITY OF

TUE9K PROVINCES,

THIS WORK 13 RESPECTFULLY INSCRIBED I»V

THE AUTHOR.

■■

PREFACE

^ -^ \, - V y-vyv*

The Author obtained the iiifovinatioii contained
in the following pages while he was investigating^
a matter in Mining Jurisprudence, wliieh was
lately submitted to him. Believing that its pub-
lication would be interesting to the people of
Canada, whose mining enterprises have become so
impcH'tant from their extent and value, he trusts
they will judge favorably of the result of his
labors. While he expresses views, which may
appear novel to the owners of mineral property,
and others who are interested in mining lands,
they w^ill, he hopes, be convinced of their general
correctness by the authorities lie has cited in
support of them.

l|i Montreal, May, 18G7.

„

■■\

„

CONTENTS.

I'AOE.

Chapter I.
Of Property ia Minerals and the Rights of the Crown 11

Chapter II.
Of the Mode of Convoying Mineral Lands 18

Chapter III.
Of the Alienation of Mining Rights by Will or Descent 23

Chapter IV.
Of the Rights belonging to the Owners of Mines, the Injuries

they may sustain, and their Remedies 2-4

Chapter V.

What the Grant or Lease of Mining Lands should contain,

Special Covenants, &c 30

Chapter VI.
Of Joint Stock Associations and Acts of Incorporation 32

[

PRACTICAL SUGGESTIONS

phuiM P?v!fllit^ miA ^£fmhM^.

^v»;yH^v.H4j ^y^^j^-ViV,^ »W.V4> ^

CIl^VPTER I.

Of Property in Minerals and the Rights of the Crown.

It has been a qnastio vexnta among French Avrltors on
Jurisprudence, ^vhether the Cro\Yn have a right to the pro-
duct of Mines, in so far as relates to gokl and silver metals.
We have no interest in ascertaining what is the present state
of the law of France, respecting mines and minerals, inas-
much as the general principles of the French law anterior to
the conquest, or rather the erection of the Sovereign Coun-
cil, in the year 1663, must prevail in the decision of any
question, which may be brought under the consideration of the
Courts of Lower Canada. The application of the various rules
of the English law, and of the French since the Code, may be
advisedly made in any argument arising out of a contest
respecting mines in Canada, but they cannot be received in
any other light than as the kx seripta of a system, which is
not in force in Lower Canada, or " written reason," to which it
is always useful to refer in the adjudication of disputed points
in the science of jurisprudence. In matters relating to the
acquisition of the precious metals, wherein the magnitude of
the interests involved is so great, our Courts will no doubt

ad here with the utmost circumspection to the letter of the
law, jiiid it is the ohject of tlic autlior to endeavor to ascer-
tani, what is the actual state of the law relutivc to such an
im])ortant branch of jurisjirudcnce.

Has the Crown a right to gold and silver mines in
Canada ?

Leievrc do la Planche, in his able work on the Public
Domain,* says that mines had never been regarded as be-
longing ^o the Sovereign. By the ancient Roman law, they
belonged, without restriction, to the proprietor of the land
wherein they were found ; he might freely dispose of them
like any other revenues or profits derived from his property,
and he who had made the discovery could have no preten-
sions to the treasure, unless the mines had been found in
lands which had been deserted and abandoned. This juris-
prudence was changed under the Emperors, who arrogated
to themselves certain rights over mineral property. Rogers,
the latest authority on the law of Mines, sums up an able
dissertation on the state of the Roman law in the following-
words : — f " The opinions of these learned authors, combined
with the other authorities, lead to the conclusion that under
the Civil law, in its purest times, gold, silver and other pre-
cious metals usually belonged to the State, whilst all other '
minerals, mines, and quarries, belonged to the owner of the
soil, subject in some cases to a partial, and, in others, to a
more general, control oHhe fiseus.''

In France, the Kings never laid claim to the exclusive
property in mines, of which there can be no better proof
than the ordinance of 1413, and that of Charles the Ninth, of
the month of May, 1563,| by which he declared that the tenth

part of all minerals belonged to him. In nearly all the Edits,
lle(/lemens, and Letters Patent, recited in Isambert,* the
same right is Avithheld, showing conclusively that the Crown
did not consider that it held an absolute ])roperty in mines,
but merely a rcgalian privilege, which had subsisted from the
earliest days of the monarchy. It seems, however, that it
■was a controverted point among authors, in what light to
consider the rights of the proprietor relatively to the Crown,
or the Seiipieur hant Justicier, to whom had been conceded
certain privileges inherent in the system of the feudal tenure
which then existed in France. The ordinance of Charles the
Sixth was the first to settle this important matter. Its prin-
cipal object was to restrain the rights of Sci<jneiir8 haut Jas-
tlciers against the i)roprietors of the soil. It allowed them
to work, on paying ten per cent, as a regalian right, but not
as an impost. The rer/lement of April, 1488,1 was made sub-
ject to the payment of the tenth and the right of the Seigneur
Fancier, and the Declaration of July, 15144 was made
subject to the charge of paying and recompensing Us Sieurs
Jasticiers, proprietaires et detenteurs of the property on which
mines were discovered and worked for their interests, and
the damages they might sustain, " as it Avas established by
our Ordinances on this point." By Letters Patent of the
20th December, 1519, § the Seigneur, or Lord of the Manor,
■was permitted to search for and work mines in his Seigniory
— thus showing that the Crown did not consider the rights
of the Seigneur as paramount to those of the proprietor of
the soil. Merlin says, that by the law of nature mines
belong to the proprietor of the soil, and in the present
enlightened era of legislation it may be presumed that all

* Isambert '^ jlticiennes Lois Francaities"
t Isiimbert, toI. x, page 911.
J Idem, vol. xi, page GG6.
§ Idem, vol. xii, page 171.

restrictive rights, Avliotlicr by the Crown or its representa-
tives, would be regulate (1, and in many respects niodificd, by
a due regard to the interests of the owner or proprietor.
The Ordinance of Charles tho^ Ninth, and others subse-
quently promulgated, expressly enacted that the right to the
tenth part of the mine did not only extend to mines of gold
and silver, but to all mines and minerals -whatsoever. By
the general jurisprudence of Franco, coal was excluded from
this reservation, and belonged to the proprietor without any
restriction.

To remove all doubts on the subject, it will be observed in
the Commissions of the Governors and Intendants in Canada,*
granted by the French Crown, " that they were urgently
enjoined to search carefully for mines of gold, silver, copper,
and other metals and minerals, and to put and convert them
into use," as is prescribed by our Ordinances, " reserving to
them, as to the profit which was to arise from those of (jold
and silver, only the tenth part, and giving them, as regards
otliers, what mifjht belong to them of the rights thereto, to
sustain the expenses of the Local Government." This clause
is ambiguous, but nevertheless it is sufficient to show that the
Crown did not lay claim to the exclusive right to gold and
silver mines, but merely reserved a certain regalian right,
not as an impost or duty, but as a recognition of the
sovereign authority. As a manifestation of the little interest
the French Government took in the mineral resources of
Canada, there is to be found an Arret of the 8th June,
1677, t by which the King made a present to one Jean Bap-
tiste de Lagny des Brigandieres of all the mines in Canada
for a period of twenty years. The legislation, however, of
France, under the system of jurisprudence prevailing in
Canada, has been partly superseded by the " Gold Mining

♦ Edits et Ordonnances, vol. iii, page 18.
t Idem, vol. ii, page SS.

Act of 1864* which has been amended in the Session of 18G5.f
The theory on which they seem to be based is that, when the
proprietor of the soil is either unable or unwilling to work the
mines, which may be discovered on his property, the Crown,
from objects of public utility, may concede the right to others.
This is the modern doctrine, Avhich has met with favor in
those countries ,where the precious metals abound, and it is
one, which is dictated by a prudential regard for the rights of
the proprietors, as well as for the interests of the Government.

Respecting mines of Silver, Copper, and other metals, there
is no special legislation on the subject by our Local Legisla-
ture, so that argentiferous and copper-bearing lands enter
into the category of all other property, to which the ordinary
rules and principles of law are aj^plicable. Cases, however,
will necessarily occur, in which exceptional rules wil) 'lave to
be applied to any contestation arising in our Courts out of
the possession of this species of property, and it is to attempt
to elucidate what these rules are, that the present labor is
undertaken.

In England, apart from the claims of the Crown, the pro-
perty in minerals is primd facie in the owner of the fee, so
that a tenant could not work any mines on the leased pro-
perty, without committing waste. There is no doubt the
same rule would apply in Lower Canada, if the right to work
any mines discovered on the property had not been granted
in the lease.:}: The ordinance of 1413, referred to in Peyret-
Lallier's work on the Law of Mines § establishes the right of
the proprietor to all mines found on his property, subject onli/
to the right of the Crown. In the matter of lesion tloutre
moitie, a form of resiliation in force in Lower Canada, before

• 27tli and 28th Victoria, cliapter 9.
t The Gold Mining Amendment Act of 18G5.

i This word, peculiar to the Common I aw, must apply to any form of
conveyance in Lower Canada.
§Peyret-Lallier sur la Loi des Mines. Tom. i, page 14, No. 10.

the Code was promulgated, it would, no douht, be question-
able, wlietlier a property on which it was unknown that amino
existed at the time of the contract, would be revertible to
the seller in the event of its being afterwards discovered.
This might affect contracts entered into before the Code, but
not since, excepting in certain cases, wherein the interests
of minors are concerned.* The general principles of the Roman
Law, which have been embodied in the French Law in force
in Canada at the period of the Conquest, would lead to the
conclusion that the parties to the deed were in ignorance of
the object (the res of the contract) respecting which they
stipulated, and that it would be voidable if a mine were after-
wards found on the property. Equity would prescribe a
rule, which would be held to be bindhig on the vendor and
vendee of such a description of property. Neither the
vendor nor the vendee believed, that cither was selling or
acquiring amine of probably a great value, while they were
bargaining respecting land, Avhich they considered adapted
only for agricultural purposes. Time and circumstances
would be material elements in the consideration of this
matter, which would enter largely into the merits of an
adjudication in our legal tribunals.

According to the law of England, minerals found on the
sea-shore, which has been defined to be the accessible space
below the ordinary high water mark, prima facie belong to
the Crown ; those between the ordinary and extreme high
water mark to the owner of the land ; and, in land formed
by the casting up of alluvial matter, the minerals belong to
the adjoining proprietor. f This rule will suffer some modi-
fication, if the matter should come up for adjudication before
the Courts of Lower Canada. BoutilUerJ states the maxim

♦ Civil Code of Lower Canada, Arts. 991, 1001, et seq.
f Collier on the Law of Mines, England, page 4.
X Boulillier Soinme Rurale, Book lat, Tit. 72.

" Navigable rlvci'S arc royal rivers, all others 1)clong to the
tSeli/ueurs.'" Loisel makes the same distinction:* "high
roads and navigable rivers belong to the King, little rivers
and roads belong to the Seifinears^ and the streams to the
pro{)rictor." Lctevrede la Planchef says, " That the King
can always pretend, that the gold -which is found in the bed
of rivers belongs to him, and the little profit generally in-
duces him to cede the right to those who will take the
trouble of searching for it, whose success is more or less
uncertain." It has been held in the Courts in Lower Canada^
that rivers non navitjables et non fiottables are the private
•property of the riparian proprietors, who have consequently
exclusive control over them. The Civil Code of Lower Canada,
which cannot be construed to affect rights acquired prior to its
promulgation, is exceedingly ambiguous on this point.§ The
Seigniorial tenure having been abolished under certain reser-
vations in this section of the Province, the sole litigants in mat-
ters relating to navigable or floatable rivers would be the Crown
and the riparian proprietors, and it would depend much on the
navigability or floatability of the river or stream under
what category it would fall. This is a subject depending
very much on the adaptability of the river for purposes of
inland navigation, according to the evidence in each particu-
lar case. The question having been partly settled by the
nominal appropriation by the Crown of alluvial diggings, has
been divested of much of the interest which would otherwise
have been attached to it, had the Gold Mining Act not been
passed. II

• Instituts, Tome 2ud.

t Domaine Publique, Tome i, page 22.

X 10 L. C. Reports, p. 294.

§ Roads and public ways maintained by the State, navigable and float-
able rivers and streams and their banks, the sea shore, lands reclaimed
from the sea, ports, harbors, and roadsteads, and generally all those por-
tions of territory which do not constitute private property are considered
as being dependencies of the Crown Domain. — 0. C. L. C, Art. 400.

110. C. L. C, Art. 42C et seq.

CHAPTER II.

Of tue Mode op Convey/ng Mineral Lands.

The Provincial Statute, which has been enacted respecting
Mining rights,* states in its preamble, " That doubts had
arisen as to the extent of the rights of purchasers of mining
claims and privileges severed from die soil," and preserves,
by enregistration, the rights of prior purchasers, whose claims
shall not be defeated, weakened, or injured by any subse-
quent sale ; the enacting clause is to the following effect :
" The sale, lease, or other transfer by the owner or grantee
" of the real property of any mining right or privilege of
" exploration for any mine, mineral, coal oil, or other mineral
" substance or quarry, with or without the power of
" working the minq, or right of access or egress thereto
" or therefrom, if duly registered, &c , shall vest the
" property in the purchaser," &c. The terms of the Statute
being somewhat ambiguous, it will be necessary to refer to
certain general principles, which will aid in its elucidation.
Under the law of England, and in this both the letter and the
spirit of the French law agree, it is held, that a lease of the
minerals, or a grant of them, carries with it the requisite power
to dig for them, all necessary rights of way over the lands of
the lessor, the power to erect machinery, &c,t The equi-
table rules of the civil law imply, that all necessary rights are
comprised in a grant, without which it would be useless to
the purchaser. The Courts in Lower Canada, guided by
the spirit of equity, which pervades our system of Jurispru-
dence, would supply any omission to render a contract prac-
ticable, which would be otherwise void. Equity, as Toullier

* 24th Victoria, cbap. 31st.

t Earl of Cardigan vs. Armitage, 3 B. and 0., p. 197 ; 3 D. and R., p
414.

says,* is always tlio supplement of contracts, but he adds,
" wo ouglit not to violate agreements in endeavoring to
discover a purely imaginary equity." It is ol equity that
are based those rules of law, which tho wisdom of the Roman
Jurisconsult has transmitted to us, and which are mostly tho
development of the precepts of divine wisdom.

Under the Roman Empire, property in minerals became
not unfrcquently distinct from property in tho soil, and under
the Code Civil of France, by the law of 21st April, 1810,
property in mines was declared to be distinct from the
property in the soil, which could not be explored without a
concession from the Government.! In Spain, it has been
held that mines were not conveyed in a grant without they
were specially mentioned therein. J It is necessary, however,
to remark that the State or the Crown in the above cases
arrogated to itself the property in all mines. How it would
be held in cases arising out of grants or leases between 'indi-
viduals would depend much on the terms of the contract and
the intention of the parties. Good faith would also require
that there should have been no concealment on tho part of
the grantee or lessee to the detriment of the owner of the
mine.

In considering the mode of conveying mineral lands, it
must be borne in mind —

1st. That in Lower Canada mines are immoveables ;

2nd. The buildings, machinery, pits, and works therein
are such by destination ;

3rd. Miner's implements and utensils necessary for work-
ing the mine are also such by a fiction of law.§

• 6 Toullier, page 372, No. 338.

t Jurisprudence des Mines, par Dupont. Paris, 1862.

t Rogers on Mines, p. 52.

§ Peyret-Lallier, Tome i, page 173, No. 131.

Potliier and ToulHor both agree in this application of the
law in designating raining property as immoveables. It will
therefore ])e necessary in conveying mining property or any-
thing incidental thereto, to effect the transfer as in the case
of immoveables ; thus in any sale of moveable property,
■which fictively arc immoveables, it will be advisable to have
the sale authenticated by a written instrument, otherwise a
wide door would be left open to doubt and chicanery.

In England, the most common forms in use for the con-
veyance of mining rights are leases and licenses to dig for
minerals for a term of years. These are very different in
their effects and operation. A lease is exclusive of the rights
of all other persons, vesting the absolute possession of the
Avhole of the subject matter demised or leased. A license to
work for minerals is, on the other hand, not exclusive of the
rights of the grantor, unless there be express words of exclu-
sion, but he retains the right to work himself for the same
minerals, or to license other persons to do so.*

It is probable that the Courts of Lower Canada would draw
the same distinction as an object of public policy. Knowing
that valuable mining properties are locked up in the hands
of proprietors without being worked, a mere license to dig
for minerals would probably be construed, as not being
prohibitory of a similar right being conferred on others. It
will be observed in the several Letters Patents and Declara-
tions mentioned in Isambert,t that the French Crown, with a
view to the proper development of the resources of the
country, made it obligatory on the grantees to work the mines
within one year, under the penalty of losing the privileges
conferred on them.

Under the law of Lower Canada, the various modes by

• 1 And. R., 307.

4 Leon, 147.

Cbetham vs. Williamson, 4 East Rep., 469.
\ " Anciennes Lois Francaises."

which real estate can bo alienated or conveyed may bo
adopted for the sale or transfer of mines, and no technical
form is retjuired as in England for the transmission of mining
property.

It would, however, bo advisable to shun any ambiguity in
the contract by expressing the obligations of the pin-chaser
and defining the rights of the vendor, ^^mes and quarries are
not comprised in the usufruct of lands. The usufructuary
may nevertheless take therefrom all the materials necessary
for the repair and maintenance of thee state subject to his
right — under certain circumstances the usufructuary may
however continue the working begun by the owner.*

In a lease, it would be better to describe accurately the
portion of the land through Avhich the right to pass and re-
pass, carry and re-carry, &c., should be used or exer-
cised ; the place where buildings, sheds, &c., should be
erected ; use of the water, both for the washing of the ore,
use of the cattle, &c., and other kindred matters, which
depend on the circumstances peculiar to each contract. It
would also bo advisable to have the deed executed by the
wife as well as the husband, in order to bar her matrimonial
rights, if she have any. The product of such mines and
quarries as are opened during the marriage, upon the private
property of one of the consorts, does not fall into the commu-
nity, but such as were opened and worked previously to the
marriage, may continue to bo worked for the benefit of the
community.! As has been before observed, the sale of a
mine would, it is likely, be construed as comprising all the
necessary obligations to work the mine in good faith, for
covenants are construed to run with mines on the same
principle as are applicable to land, yet it would be better to
state the contract in express terms, so as to avoid any diffi-
culty.

• C. C. L. C. Art. 460.
t 0. C. L. C. Art. 1274.

In compliance with the Provincial Statute, registration is
necessary, so as to preserve the rights of the purchaser
against 8ubse(j[ueut grantees.

CHAPTER III.

Of the Alienation of Mining Rioiits by Will or

Descent.

The rules, which regulate the descent, devolution and trans-
fer of interests in lands by operation of law, and tlieir trans-
mission by will, apply to interests in mines with no distinction
deserving of special notice.*

The English form of devising property being that, which is
sometimes adopted in Lower Canada, great care sliould bo
taken in using the proper phraseology in making the
bequest of mining property. The interests at stake are so
considerable that the strictest construction may be placed on
the clauses of a will beciueathing that species of property.
All the formalities which are rv^quired for the transmission of
real estate are necessary in the case of a will conveymg
mineral property. Under a late Provincial Statute, it may
be executed before two witnesses, but the greatest circum-
spection should be practised in having it correctly tested,
probated, and enregistered in conformity with law. It may
be added that, in remote parts of the Eastern Townships of
Lower Canada, where there is a considerable portion of mineral
property, and it may be difficult to procure the attendance
of witnesses, what is termed a holographic will, viz., one
which is entirely written, dated, and signed by the testator,
will be as efficient as if it were executed before witnesses.

Regarding the law of descent, relating to mining property,
it is the same as that which relates to all other immoveable
property, and needs no special notice here.

• Collier on the Law of Mines, page 55.

CHAPTER IV.

Of tfie Rights Belonging to the Owners of Mines, the
Injuries they may Sustain, and their Remedies.

The first rule which Pothicr lays down for the interpreta-
tion of contracts* is, that vre must endeavor to discover
what is the common intention of the contracting parties,
rather than the grammatical sense of the terms used, and in
another he says, that when a clause is susceptible of two
meanings, it ought to have that ascribed to it, which would
give it some effect, rather than that from which it would have
none at all. In the absence of any special legislation on the
sul)jcct of mines, it will 'be necessary in the construction and
interpretation of mining contracts to pay rigid attentioai to
the equitable rules of the civil law, rather than the close and
oft-times turgid reasoning of the English judges and lawyers
on the technicalities of the common law, both in the redac-
tion and interpretation of mining contracts.

"With these remarks, we shall now proceed to inquire what
are the ordinary rights of the owner and grantee of mining
property,, the wrongs to which he may be exposed, and the
remedies he may have to redress them.

It may be stated as a general proposition, that the right to
obtain minerals, whether by the owner or lessee, comprises
the right to do all that is necessary towards the convenient
working of them. ( Cuicunque aliquid conceditur etiam et
id sine quo 7'es ipsa non esse i)otuit').-\ It has been held in
England as a rule of law, J that '' the grant of a thing carries

* 1st. Pothier Obligations, page 43, sec. 91.
t Shepherd's Touchstone, page 89.
X 1. Saunder's Reports', page 322.

all things, without which the thing granted could not be had,"
but that this only applies to things incident and directly
necessary. In Lower Canada, under the practical applicaiion
of the principles of the civil law, the riglit to mine on another
man's land, would iraj^ly the right to use all that is necessary
to completely fulfil the conditions of the contract. Thus in
England, it would depend on the terms of the mining lease,
whether the lessee would have the riglit to use a stream of
water on the land leased for washing the ore. In Lower
Canada, good faith on the part of the grantor or lessor would
require, that the use should follow the grant, provided it did
no injury to him. Various other cases might arise in which
the law of mining, as laid dovvn in England, wquld be tem-
pered by the more equitable spirit of the system in force

here.

For instance, public policy in a new country would induce
both Legislators and Judges to enact or construe laws in a
sense, which would tend to the development of its mineral
resources. Delebecque* mentions several arrets or ordinances
of France, which made it compulsory on grantees of mining
lands to work them themselves, or cede the privilege to others.
The principle, which was embodied in the celebrated iiJ^^/a/i'tm
law, and which was confirmed by the edict of the 15th Sep-
tember, 1557, was then in active operation, and the Crown
had a direct interest in the working of mines, from which it
derived a considerable profit.

It has been decided in England that the grant of minerals,
with the usual powers to dig shafts, erect machinery, &c.,
for the efiectual and convenient mining and working of them,
would extend only to the processes necessary for making them
marketable, and not without express mention to those of
smelting, f

•Traits sur la Legislation des Mines, vol. i, page 252.
t Sampson vs. Easterly, 9 B. & C, 505.

Both the owner and the lessee are bound to use the greatest
caution in digging shafts, so as not to interfere with the rights
of the adjoining proprietors.* If he commit any negligence,
•whereby they are injured, he renders himself liable to an
action for the wrong. He should be particularly careful,
when the working of the mine is near the boundary line of
his neighbor's property, for he has no right to impair the
use of the adjoining landj although he is working within his
own limits. These matters have given rise to a great deal of
litigation in the English Courts, and cannot be too sedulously
avoided.!

In the excitement, which immediately ensued, on the dis-
covery of .valuable deposits of copper, and other metallic
substances, in the Eastern Townships of Lower Canada, many
of the metalliferous lands were, .in the nomenclature in use at
the time, bonded, or rather in most cases permission was
granted to search for, and if discovered, to work mines.
These bonds were couched in diflferent terms, and comprised
clauses, which varied from each other. It is impossible to
lay down rules, which would meet every case that may arise,
but a knowledge of the general rights of the proprietor of the
land, who has conceded mining privileges, will no doubt be
advantageous.

What is famiharly called " Royalty " among miners in this
country, goes under the appellation of dues or duty ore in
England. An action of covenant may be brought for the
breach of a covenant under seal, or of special assumpsit' for
the non-rendering of dues, according to an agreement not
under seal. Rogers says,f " the Court of Chancery will
decree specific performance of an agreement for the purchase
of any interest in a mine, and for carrying into effect any

* Peyret-Lallier, vol. i, p. 549, No. 442.

Desgodets, Lois des Batimens.
t Rogers on the Law of Mines, Chapter XVIL
X Rogers on Mines Edit, 1864, page 273.

other agreement, which cfin be fairly executed, as well as
give reUef against an arbitrary exercise of powers reserved
to a grantor ; but no specific performance will be decreed of
any contract, which is ambiguous in its terms ; or where the
subject matter has undergone such an alteration, that it can-
not be given to the claimant, if a decree were made."* He
adds, the remedy in such cases will be at law to recover
damages, and cites several cases to show that reUef is afforded
in Courts of law, where equity cannot intervene.!

The matter can suffer no difficulty when the mine is worked,
but supposing there should be a mine of great value on the
property, which the grantee does not for certain reasons
choose to work, what recourse has the owner to whom dues
are owing, to compel him to work it ? The rule in England,
as above stated, is plain and simple, the grantee is bound to
work the mine, as long as it is fairly workable. | However
small may be the profits derived from the working of the
mine, he would be obliged to work it, for he can only attribute
to himself the making of a contract, which has not turned out
beneficial to him. The owner would have an equitable remedy
to compel him to work the mine or to rescind the deed, and
pay all damages. A great deal would no doubt depend on
the intention gf the contracting parties to be discerned from
the wording of the deed, but the maxim of the Civil Law
would prevail, (inelior est ut valeat quaiii ut per eat) ^ and the
Courts would decree a performance, when it could be con-
veniently done. The public policy and necessities of an
unexplored country would lead to a ruling by the Courts
favorable to the speedy development of its mineral resources.

♦ Meynell vs. Surtees, 25 L. J., Chancery 257.

Flint vs. Brandon, 8 Vesey, Rep. 159.

Came vs. Mitchell, 15 L. J., Ch. 287.

Nelson vs. Bridges, 2 Beav., 239.
t Rogers on Mines, page 274.
I 7 C. & P., 346.

Bainbridge* says, " questions of this nature are of course
" properly for the consideration of a Judge ; l)ut if there be
" any fraudulent delay on the part of the lessee, the Court
" of Chancery will interfere, and order him to pay the rent
" or dues, which would have accrued, if the mine had been
" properly worked."

In Lower Canada, the application of the rules of the Eng-
lish Courts would even be more extended ; a great deal would
depend on the intention of the parties as discernible from the
wording of the agreement, but the law Avould prescribe that
the grantee should work the mhie in good faitli, if it can be
worked with any, even the sUghtcst profit. The words of the
civilians are in jjari casd, that he has to reproach himself in
making a bargain, which he cannot perform, or which has
turned out disadvantageously to him.

Peyret-Lallier,t whose work is partly based on the prin-
ciples and practice enunciated in the old Jurisprudence
Q^anclenne Jurisprudence), seems to be clearly of opinion
that the same doctrine prevailed in the French law, and in a
chapter % devoted to the consideration of what actions at law
are competent to be exercised by the owner of the land, says
that he has an action against the grantee (proprietaire
exploitanf), for the delivery of the duty ore (droit), to be
allowed him from the product of the mine. He adds, that
the redevance or dues owing to the proprietor of the land is
a realty, (droit reel), and cites Proudhon, § as corroborating
his opinion. The latter regards it also as a ground rent,
(rente fonciere), QXidi adds, that according to the principles
of the old French law, the dues follow the land, into Avhoso-
ever hands it may fall. He cites Loyseau, |j Pothier,^

• Bainbridge on the Law of Mines, page 159.

t Legislation des Mines, vol. i, page 106. Paris, 1844.

X Page 98, No. 77.

§ Proudhon, Nos. 308 & 780.

II Loyseau de la distinction des Rentes, Liv. i, ch. 4,

^ Pothier, Bail a Rente, No. 88. ^

Toullior, Merlin, and others, who commented on the 09th
article of the Custom of Paris. It being a redevance or real
charge on the property, it gives rise to a mixed action against
the grantee, * the nature of Avhich is explained in Pothier.
The law would therefore, according to the foregoing authori-
ties, give the proprietor a right of action against the grantee
or lessee, viz ; to compel him to perform the covenants he has
entered into, to work the mine in good faith, or to rescind
the deed, and for the damages which have necessarily arisen
from the non-user ; and secondly, should the mine be worked
it would give him a personal action against the grantee, for
the payment of the duos.

Fraud vitiates all contracts. If the vendor make false
representations to the purchaser with respect to the advan-
tages of an investment, it will amount to fraud, and the pur-
chaser may be relieved in equity by a decree for setting
aside the contract.f Under the law of Lower Canada it
would undoubtedly be held, that false representations would
nullify the contract. Quere — would the concealment of the
fact of there being a mine on the land sold have the same
effect ?:{: In England concealment does not vitiate the sale.
Our system of Jurisprudence is, moreover, founded on good
faith, which militates against all collusion and fraud in the
execution of contracts.

• Idem de Society. No. 194, 2Qd partie.
t Biiinbridge on Mines, page 423.

Rogers, ch. xiv, sec. 1, p. 273.
X Vide cb. i.

CHAPTER V.

What the Grant or Lease of Mining Lands should
CONTAIN, Special Covenants, &c.

It will be observed from the tenor of the preceding rcmarlcs
that in Lower Canada no particular form is required for the
sale or lease of mining rights. In this contract, as in all
others, the Court will enforce the execution of the deed
according to the manifest intention of the parties from the
terms of the agreement between them. To avoid, however,
the necessity of resorting to the Courts of Law for the inter-
pretation of contracts, it is advisable to express plainly on
the face of the deed the obligations of the purchaser and the
rights of the owner of the land. This will obviate a great
deal of expense and trouble. The following suggestions may
not be considered misplaced. They apply to both sections of
the Province, and should receive the strictest attention in the
preparation of contracts of this nature.

1st. A grant or lease should, after properly describing
the parties by their names and addition, proceed to grant or
demise the subject of contract. It should cover either the
whole land or certain bounds for the working of any lodes or
veins, either known or supposed to exist, without prejudice
to the rights of the owner to use the land for farming pur-
poses.

2nd. To work the mines, smelt the ores, erect Avashing and
smelting apparatus, put up sheds, &c., &c.

3rd. To enter, dig shafts and pits, drive levels, make water-
gates and aqueducts for draining the mines, erect engines
and machinery for obtaining the minerals or for protecting
them when they are in his possession. *

tng

4tli. To stipulate particularly the rights of >Yay, and on
what part of the land it iz to be exercised.

5th. To particularize the right to cut timber off the land.

Gth. The reservation of the royalty or duty ore, and to
define accurately the quantity, quality, time and mode of
delivery, whether it is to be washed by the grantee or not, or
delivered in its natural state.

7th. The dues may be paid in money, for if it be in metal
it is an exception to the thing sold.

8th. To hold in view the possibility of the discovery of
other motals than the particular one respecting which the
agreement is made.

9th. To allow the owner or lessor to inspect the works,
and, in case the mines are not worked in a proper manner, to
give such satisfaction and damages to the lessor as shall be
decided by arbitration.

10th. To provide proper books and accounts of the quan-
tity produced, to be at all times open to inspection and to
furnish copies and extracts from them.

11th. If the lease be determinable at a given period, to
give the lessor the option of put-chasing the tools, materials
and machinery at a fair valuation or by arbitration.

These covenants may be modified or altered to suit the
views of the contracting parties, but they should not be dis-
regarded in the execution of mining contracts.

In licenses to dig for minerals and to work them, if found,
the right ol the grantor and others to work them also, should
be distinctly reserved, although, as it has been before stated,
the license differing from a lease, would imply the retention
of that right, unless there be an express exclusion of it.

CHAPTER VI

Of Joint Stock Associations and Acts of Incorporation.
It would be beyond the scope of this short treatise on the
relative rights of the owner and grantee of raining lands, to offer
any remarks on the powers granted to Joint Stock Companies
and Mining partnerships. The Act respecting Mining Com-
panies * confers certain rights relating to tramways, macadam-
ized roads, &c., to which it may be necessary to refer, when a
Mining Company is being organized. Any dissertation on the
subject of these Associations would be suBSciently comprehen-
sive to form a separate work in itself. It will-be sufficient to refer
to the Joint Stock Companies Act of 1859f as amended by sub-
sequent Statutes Junder whichmining companies can be formed.
Besides the general authorization (under certain conditions and
formalities ta be observed by applicants), which is conferred by
this Statute, to form companies for mining purposes, there wore
no less than fifteen acts of incorporation granted to private com-
panies in this section of the Province in the session of the Pro-
vincial Legislature , held in 1863, and thirty-£ve in that of 1864.
The " Limited Liability Clause " is found in all these private
acts of incorporation. These vary from each other in several
important particulars, although they agree in the cardinal points
of mining legislation. The Commissioners of the Civil Code
for Lower Canada have declared § " that these Joint Stock
Companies are governed by the rules common to other part-
nerships, when these are not inconsistent with the rules pre-
scribed by them and with the laws and usages specially
applicable in commercial matters," and add|| that " when they

* Consolidated Statutes of Canada, chap. 64.

t 22nd Victoria, chapter 63.

t23rd Victoria, chapter 80. 24th Victoria, chapter 19.

§ Civil Code of Lower Canada, Book 3, page 46.

II Idem, page 52.

are formod by an Act of the Legislature, they are governed
by its provisions." Notwithstaivlin;^ the Umitel liability clause,
Avhich is to be found in each of these acts of incorporation,
and which, in some cases, is as follows : — " The share-holders
'•' of the Company shall not, as such, be held responsible for
" any act, default or liability whatsoever of the Comi)any, or
" for any engagement, claim, payment, loss, injury, traiisac-
'• tion, matter, or thing whatsoever, relating to or connected
" with the Company beyond the amount unpaid upon their
" shares in the stock thereof," the Company would not be
relieved from the ol)ligation of working the mines, whicli they
may have acquired, subject to the royalty or duty ore, which
may be payable to the owner. If the mine be workable, the
Company would be bound to work it, like any other })rivato
grantee, and if any fraud be practised for the purpose of evad-
ing its obligations, it is probable that the Courts Avould inter-
vene to enforce the execution of the contract as in all other
cases. In a country, the wealth of which depends on the
avaihibility of its mineral resources, it should be the policy of
the Legislature and the Judiciary so to enact or interpret
laws, that the public interests may be subserved rather than
thwarted by their operation.

CAT. I X.

An Act respecting Gold Mines.

[Assented to 30//t June, 18'j4.]

"TTT'IIEREAS Gold has been discovered in tliis Province; and
V T v'licrcas it is expedient that provi,«ion tiliould be made re-
spect in:^ the development and production thereof, and for the
workinji; of mines of the same: Therefore, Ilcr Majesty, by and
with the advice and consent of the Legislative Council and As-
sembly of Canada, enacts as follows :

1. In the construction and for the purposes of this Act, and of
all Orders in Council or Regulations under it, if not inconsistent
with the context or subject matter, the following terms shall have
the respective meanings hereby assigned to them, that is to say :

First. The verb "mine" and the participle "mining" shall be
held to mean and include any mode or method of working whatso-
ever whereby the soil or earth, or any rock or stone may be
disturbed, removed, carted, carried, washed, sifted, smelted, refined,
crushed or otherwise dealt with for the purpose of obtaining gold,
whether the same may have been previously disturbed or not ;

Secondly. The word " Gold " shall be held to mean and include
as well any gold as any earth, clay, quartz, stone, mineral or other
substance containing gold or having gold mixed therein, or set
apart for the purpose of extracting gold therefrom ;

Thirdly. The words " Quartz mines" shall be held to mean and
include all auriferous rocks containing gold;

Four tidy. The words " Alluvial mines," shall be held to mean
and include all soils or strata containing gold; and the word *' mines,"
shall include both quartz mines and alluvial mines and all other
gold mines whatsoever, and all places where the work of " mining,"
as above defined, may be carried on ;

Fifthly. The word " proprietor," shall be held to mean and in-
clude the person or persons for the time being entitled to the rents,

issues and profits of the land, or the person who is the owner of
tlio niinitiic lij^hts and gold found on the land on wliieh any

" mining

may be going on ;

^Sirt/'li/. The words " Gold Mining Division," shall be held to
mean jitid include any traet of country declared to be a " (jold Min-
ing Division," under this Act;

SrvnithJi/. The words '* Crown Lands," shall bo held to mean
and include all Crown Lands, Ordnance Lands (transferred to the
Prdvince), School Lands, Clergy Lands, or lands of the Jesuits'
Estates, Crown Domain or Seigniory of Lauzon, which have not
been alienated by the Crown ;

Kightlihi. The words " Private Lands," shall be held to include
all lands which have been alienated by the Crown;

Ninthly. The word " claim," shall be held to mean a parcel of
land taken possession of under this Act for mining purposes ;

Tenthh/. The words '' party-wall," shall beheld to mean a bank
of earth or rock left between two excavations;

Eleventlihj. The words " Mill License," shall be held to mean a
license to use machinery for the purpose of extracting gold from
rock;

Twelftldy. The words " Licensed Mills," shall be held to mean
mills and machines so licensed, and the words " Licensed Mill
Owner," the person to whom any such license has been granted ;

Thirteenthhj . The word " Licensee," shall be held to mean a
person holding a license ;

Fonrteenfhli/. All measurements and distances under this act
shall be made and taken to be according to English measurement.

3. The Governor in Council, may from time to time, by Order
in Council, declare such tract of country as may be described in
and by such Order in Council a " Gold Mining Division " ; and by
any other subsequent Order or Orders in Council from time to
time, may extend, add to or diminish the limits of such division,
or may otherwise amend, or may cancel, such Order in Council ;
and from and after the publication in the Canada Gazette of any
such Order in Council, the Gold Mining Division therein men-

.jiAt

Order

Ibed in

land by

lime to

[vision ,

puncil ;

3f any

la men-

tioncd and described, nnd tlio i^old mines, quartz minos and alluvial
mini's, Hittiatc in such Division, shall bo subjoct to tlu' |iri»visions
of this Act, and to any regulations to be made under this Act.

St. The Ciovcruor may appoint such Officer or Officers as ho
sliall deem necessary for the purposes of this Act. who shall respec-
tively be under the direction of the Commissiouer of Crown Lauds,
and by Order in Council may prescribe their duties and lix their
titles and s;ilaries; and tliey shall be ex ojirln Justices of the
Peace of the District or Districts which a Gold jMininjj; Division
may comprehend or include, in whole or in part, or in which, or in
any portion of which, a Gold IMininj; Division may lie ; and it
shall not bo necessary that any such Officer shall possess any pro-
perty ((Ualilieation whatever in order to enable hiiri lawfully to act
as such Justice of the Peace; and every such Officer shall have
jurisdiction as a Justice of tlie Peace over all the territory C(nu-
prised within the Division for which he may be appointed, with
power to settle summarily all disputes as to extent or boundary of
claims, use of water, access thereto, damage by licensees to others,
forfeiture of licences, and generally to settle all difficulties, matters
or questions, which may arise under this Act, or oliences against
any of the provisions of this Act, or the regulations to be made under
it; and the decisi(m of any such Officer, in all cases under this Act,
shall be final, except when otherwise provided by this Act or when
another tribunal is appointed under the authority of this Act ; and
no case under this Act shall be removed into any Court by Writ
of Certiorari.

4. From and after the publication of any such Order in Coun-
cil as aforesaid in the Cdiindt Guzette, it shall not be lawful for
any person to mine for Gold either for himself or any other person
within the Division therein defined, and thereby constituted a Gold
Mining Division, except under a " Crown Lands Gold License,'^
or a " Private Lands Gold License,'^ as provided by this Act.

*i. Any person found mining within any Gold Mining Division,
without a license as aforesaid or upon private lands against the will
of the proprietor thereof or without such license, shall, upon con-
viction before the Officer for the Dl\ Ision, forfeit and pay a sum not
exceeding five dollars and costs; and in defaultof payment of such
fine and costs iie may be imprisoned for any period not exceeding
one month ; Provided always, that no license fee shall be exacted for
exploring for gold until the precious metal be discovered.

Gt Every licensee will be held and required to produce and ex-

hibit his license to the Officer for the Division, and to prove, to the
satisfjiction of the Officer, that such license is in force whenever
re((uired to do so by him ; and the Officer for any Gold Mining
Division shall have the right to enter upon private lands, within
such Division, for the purposes of this Act.

7, For the purposes of this Act there shall be two descriptions
of license, neither of which shall be transferable ; one to be called
the " Ci-oicn Lands Gold License'^ and the otlier the '■^Private
Lauds Gold IJccnse ; " each of such licenses shall contain the name
of the licensee ; but it shall be lawful for any proprietor of a lot
of land to take out a license for each miner working upon his land,
in the name of such miner, which license shall be good for the
period therein mentioned, for the purpose of authorizing such
miner to mine as aforesaid.

8. A " Crown Lands Gold L'ccnse" shall authorize the person
therein named to n)ine, during one month or more from the date
therein named ou any unsold Crown Lands within the Gold Mining
Division mentioned in such license; and for every such license a
fee of two dollars per month shall be paid.

O. A "Private Lands .Gold Jjicense^^ shall authorize the per-
son therein named to mine during one month or more from the
date therein named on private lands, within the Gold Mining
Division mentioned in such license, but only by and with the con-
sent of the proprietor of such lands, by such licensee first had and
obtained, and to the limit or extent agreed upon between such
licensee and proprietor ; and for every such license a fee of one
dollar per month shall be paid.

10. Each Crown Lands Gold Licensee shall have the right to
stake out one claim on unoccupied Crown Lands within the Divi-
sion (by planting a wooden picket at each of the four corners
thereof,) and to work the same.

11, Each claim shall bo of one of the following dimensions, viz :

FOR ALLUVIAL MINES.

If on any river or large creek, twenty feet front by fifty feet to the
rear, to be measured from the water's edge.

If on a small creek or minor stream, forty feet front by fifty feet
to the rear, to be measured from the centre of the stream.

If in a gully, sixty feet along said gully and to extend from hill to
hill.

If on a surface or hill side digging, sixty feet square. Except
where a Company intend to hill-tunnel, then, upon application,
the Officer for the Division may grant such larger claim as he
may think fit.

And for working a bed of river the Officer shall determine as cir-
cumstances may require the size and position of claims ; and all
side lines shall be drawn as nearly as possible at right angles to
the general course of the stream, for half a mile on each side of
the claim where such side lines touch the stream.

one

VIZ :

FOR QUARTZ MINES.

For any one person one hundred feet along a lead, by one hundred
feet on each side thereof, measuring from the centre of the
lead.

Companies of two or more persons may stake out and work addi-
tional feet along a lead by the above width in the proportion
of twenty-five additional feet in length for every additional
miner, not to exceed five hundred feet in length altogether,
and work the claim jointly.

1^. The Officer for the Division shall decide as to each claim
under which of the heads in the next preceding section it shall
be classed ; and his decision shall be final.

13. Claims shall be laid out as far as possible uniformly and
in quadrilateral and rectangular shapes ; measurements of all
claims shall be horizontal ; and the ground included in every
claim shall be deemed to be bounded under the surfiicc by lines
vertical to the horizon.

14. Licensees having so staked out their claims on Crown
Lands shall not have the right to a continued occupation of such
claims unless they work the same continuously, and without inter-
mission for a longer period than one week, nor unless they comply
with the requirements of this Act, and the regulations to be made
under it, and regularly renew their Licenses.

15. No person shall occupy at the same time more than one
claim on Crown Lands, except in the cases hereinafter prnvided-
for of registration of claims rendered temporarily unworkable.

16. The discoverer of any new mine sliali be entitled to a
license lice of fees for twelve months, for one claim of the laruest
area prescribed by this Act or by any regulation which may be
issued untler it and in force when such discovery may be made ;
Provided that sucli discovery shall have been iimnediately reported
in writing to the officer of the Division ; and any one not imme-
diately reporting such a discovery shall not be allowed to mine on
any Crown Lands for one year.

17. No porson shall be considered the discoverer of a new
quartz mine, unless the place of the alleged discovery shall be
distant, if on a known lead, at least three miles from the nearest
known mine on the same lead, and if not on a known lead at least
one mile at right angles from the course of the lead ; if in alluvial
workings, at least two miles distant from any previously discovered
mine.

18. A party wall of at least three feet thick shall be left be-
tween each holding on Crown Lands, which said party wall shall
be used in common by all parties as a mode of access to the streau),
where one exists ; and such party wall shall not be obstructed by
any person or persons throwing soil, stones oi other material
thereon ; and every person or persons so obstructin.i' such party
wall, shall, upon conviction before the Officer for the Division, be
liable to a fine of not more than five dollars, and costs ; and in
default of payment of such fine and costs he may be imprisoned
for any period not more than one month.

10. If at any time it shall be found necessary or expedient to
remove a party wall as aforesaid, the party so removing it shall, if
required so to do, construct a new mode of access to the water in
no wise more difficult as an approach than the one destroyed by
the removal of the party wall, under a like penalty as provided in
the next preceding section ; and in case of a removal of a party
wall the gold found therein shall belong to the owners of the ad-
joining claims, each of whom shall own the half next to his claim.

30. No person mining upon any Crown Lands shall cause any
damage or injury to the holder of any other claim than his own,
by throwing earth, clay, stones or other material upon such other
claim, or by causing or allowing any water which may be pumped
or bailed or may flow from his own claim to flow into or upon
such other claim, under a penalty of not more than five dollars,
and costs ; and in default of payment of such fine and costs, he
may be imprisoned for any period not more than one month.

■A.i ..'ai.

9S, Claims on Crown Lands fronting on streams sliall be
subject to the general use of the waters of such streams, in a
manner to be regulated by the OtTicer for the Division.

9S, Any person occupying a claim on Crown Lands which in
consequence of excess of water or other unavoidable reasons cannot
then be worked, may, upon payment of one dollar, register his
right to such claim in the Office of the Officer for the Division,
in a book to be kept for that purpose, and may then proceed to
work elsewhere ; but in case such person do not return and occupy
the claim so rciristered within one week after the surroundinir
claim or claims have been shown to be workable, he shall forfeit
all right and title to said claim ; provided that every person so
registering a claim shall be held to plant a wooden picket, in the
centre thereof or as near the centre thereof as possible, upon which
shall be cut or painted, in legible figures, the registration number
of said claim.

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93. Any person found removing or disturbing with intent to
remove, any stake or picket placed under the provisions of this
Act, shall forfeit and pay a sum not exceeding ten dollars and
costs, and in default of payment of such fine and costs, may be
imprisoned for any period not exceeding one month.

94. Every person holding a gold mining license shall upon
renewing the same and to entitle himself to a renewal, nn^ke a
full and true statement, upon the expiring license or otlierwise, to
the proper Officer, upon oath, of the labor performed and gold
obtained by him during the term of such license.

9»5. From and after the passing of this Act it shall not be
lawful for any person or persons to use or employ any mill or
machinery (other than mills or machinery worked by hand) within
or near any Gold Mining Division for the crushing or reduction
of quartz, or the obtaining of the gold therefrom by crushing,
stamping, amalgamating, or otherwise, without a license therefor
first had and obtained from the Officer of the Division, which shall
be good for one month or more, and for which he shall pay a fee
of five dollars per month ; and every person convicted of any con-
travention of any one of the provisions of this section shall, for
every day on which such contravention shall have occurred or
been continued, forfeit and pay a sum not exceeding one hundred
dollars, and costs ; and in default of payment of such tine and
costs he may be imprisoned for any period not more than two
months.

30. Every licensed mill owner shall keep a book or books of
account, in wliich book or books shall be entered a clear and dis-
tinct statement of all quartz crushed, amalgamated or reduced at
the mill of such licensed mill owner, and the following particulars
in respect of the same :

First. — The name of the owner or owners of each distinct parcel
or lot of quartz crushed ;

Second. — The weight of each such parcel or lot ;

lliird. — The date of the crushing of the same ;

Fourth. — The actual yield in weight of gold from each such
parcel or lot ;

Fifth. — The number or numbers of the license or licenses of
the licensee or licensees by whom said claim was worked.

And every such mill owner shall furnish monthly, to the Officer
for the Division, a return on oath, compiled from such book or
books and containing statements and particulars as aforesaid, for
each and every day during the month then last past, together with
such other information as such Officer or the Governor in Council
may require ; and for every day on which any such Licensed Mill
Owner omits to enter any such statement, or any particular or
particulars as aforesaid, or delays to furnish such return when
duo, he shall forfeit and pay a sum of not more than twenty
dollars, and costs ; and in default of payment of such line and
costs he may be imprisoned for any period not more than one
month.

27. Nothing in this Act shall be held or construed to mean
that parties searching for, digging or removing Gold from lands
adjoining any Gold Mining Division, shall not be subject to the
provisions of this Act, as if their operations were carried on within
such Gold Minino; Division.

28. No person shall sell or barter any wine, beer, or other
spirituous liquor within one mile of any place where Gold Mining
is being prosecuted without a monthly Tavern License from the
Officer for the Division, paying for the same a fee of five dollars ;
and such Tavern shall be under the supervision of such Officer,
who may rescind such license, should the Tavern not be conducted
in aa orderly and proper manner ; and any person who shall so

sell or b;irfer any wine, beer, or other spirituous liquor as afore-
said, without first obtaining:; such license, shall, upon conviction
before tht; Officer for the Division or a Justice of the Peace, forfeit
and pay for every such offence, a tine of not more than one hun-
dred dolhirs, and costs; and in default of payment of such fine and
costs, he may be imprisoned for any period not more than two
months, and he shall, moreover, forfeit all wine, beer and other
spirituous liquor found in his possession in such Tavern.

S9. No person shall receive a Tavern License under this Act
without producing to the Officer for the Division, a Tavern License
in his ftvor issued by the Collector of Inland Revenue for the
EevcMue Division in which the hotel, tavern, house, vessel or place
to which the license he seeks for under this Act is to apply, shall
be situate, and then in force and to be in force for and during the
month ibr which he seeks for a license under this Act.

30. Each Officer appointed in and for a Gold Mining Division
under this Act, ra;iy appoint any number of Constables not exceed-
ing four; and the persons so from time to time appointed shall be
and they are hereby constituted respectively Constables and Peace
Officers for the purposes of this Act, for and during the terms and
within the Gold Mining Divisions for which they may be appoint-
ed respectively.

31. The Governor may, from time to time, appoint any police-
men or police force in and for any Gold Mining Division or Gold
Mining Divisions, in number not exceeding one hundred in the
whole; and may make regulations for the management, discipline
and pay of such force ; — and the policemen or members of the
police force so appointed, shall have all the powers, authorities and
immunities of Constables and Peace Officers, and such additional
powers and authorities as the Governor in (Council may confer on
them ; and they may be employed in such duties as the Governor
in Council may, from time to time determine.

S^. The Governor in Council may, as often as occasion requires,
declare by Proclamation that he deems it necessary that the Act
'* respecting Riots near Public Works," being chapter twenty-nine
of the Consolidated hrtatues of Canada, should, so far as the pro-
visions therein are applicable, be in force within a Gold Mining
Division or Gold Mining Divisions ; and upon, from and after the
day to be named in any such Proclamation, the said Act shall, so
far as the provisions therof can be applied therein, take effect within
the Gold Mining Division or Gold Mining Divisions designated in

44:

such Proclamation, and the provisions of the said x\ct shall apply

to all persons ctnployed in any mine, or in niininp:, within the

limits of such Gold Mining Division or Gold Mininj^ Divisions, as

fully and effectually to all intents and purposes as if persons so I

employed had been specially mentioned and referred to in the said I

Act:

2. And the Governor in Council may, in like manner, from time
time to time, declare the said Act to be no longer in force in such
Gold Mining Division or Gold Mining Divisions ; but this shall not
prevent the Governor in Council from agiin declaring the same to
be in force in any such Gold Mining Division or Gold Mining Di-
visions ; •

3. But no such Proclamation shall liave effect within the limits
of any City ;

4. For the purposes of this and the two last proceding sections
each separate extent of ground, area or territory mentioned in any
Letters Patent under the Great Seal of this Province whereby
Her JUajesty's lloyal permission and authority to make researches
for and dig and work gold, or gold mines has been given and
granted to any person or persons, may be hold and deemed to be
a Gold Mining Division or for such purposes may be included in
any existing Gold Mining Division.

_33. Every person who has, at any time before the passing of
this Act, by himself or herself, or by any other person or persons,
made researches for and dug and worked gold, gold ore or gold
mines, in any part of this Province under or by virtue of any such
Letters Patent as aforesaid, shall, within two months from and
after the passing of this Act, furnish to the Commissioner of
Crown Lands a full, true and detailed account, verified on oath,
showing the gross quantity of gold extracted or collected, or caused
to be extracted or collected within the extent of ground, area or
territory described in such Letters Patent in each and every year
since the date of the said Letters Patent, and shall within six
months pay to such officer the proportion of such gross quantity
of gold due by such person to Her Majesty according to the terms
and conditions of such Letters Patent, or the equivalent thereof in
money at the then market rate of gold in this Province, as the
said Conmiissioners shall then and there elect; and for every day
during which any such person shall neglect or delay, after the ex-
piration of either of the said terms, to furnish such account and
pay such proportion or its equivalent as aforesaid, ho or she shall

incur a fine of five dollars; ond notliinpj herein confined pIi.iII in-
terfere with existing riiihts or remedies of the Crown ; jmd notjiing
in this act contained shidl be construed into an acknowledLrnient
that any such Letters Patent were legally issued, or that they have
not been forfeited.

;cd

34. Kvery person who shall, at any time after the passinj^ of
this Act, by himself or herself, or by any other person or persons,
make researches for and dig and work gold, gold ore or gold mines
in any part of this Province under or by virtue of any such Letters
Patent as aforesaid, shall, on the last day of each month in which
he or she has I y himself or herself or by any other per-on or persons
as aforesaid made roecarches for, dug or worked gold, gold ore or
gold mines within the extent of ground, area or territory described
in such Letters Patent, furnish to the Commissioner of Crown
Lands a full, true and detailed account, verified on oath, shewing the
grossquantity of gold extracted or collected or caused to be extracted
or collected by such person within such extent of ground, area or
territory during such month, and shall at the same time pay the
proportion of such gross quantity of gold due by such person to
Her Majesty according to the terms and conditions of such Letters
Patent, or the e(juivalent thereof in money attliethen market rate of
gold in this Province, as the said Commissioner shall then and there
elect; and for every day on or during whicli any such person shall
neglect or delay to comply with the requirements of this section
he or she shall incur a fine of twenty dollars; and nothing herein
contained shall in any wise interfere with the existing rights or
remedies of the Crown for the non-performance of any of the con-
ditions or stipulations contained in any such Letters Patent.

So. The Governor in Council may from time to time make all
and every such regulation and regulations as he may deem necessary
or expedient, for diminishing or increasing the size or altering the
ibrin of claims, for prescribing the conditions and terms of licenses,
and for fixing, diminishing or increasing the license fees charge-
able under this Act, forthe appointment of Arbitrators or Mining
Boards to hear and determine appeals from the decisions of Gold
Mining Officers, and for the prescribing, defining and establishing
the powers, duties and mode of procedure of such Arbitrators or
Mining Boards ; for the construction and maintenance of roads
through the Gold Mining Divisions, and generally for the purpose
of carrying out this Act ; and such regulations, after publication
in the Canada Gazette, shall have the force and efi'ect of law.

30. Every person contravening this Act, or any rule or regu-
lation made under it, in any case where no other penalty or

punishment is imposed, shall for every day on which such contra-
vention occurs or continues or is repeated, incur a fine of not more
than twenty dolUrs and costs ; and in default of payment of such
fine and costs he ui:iy be imprisoned for a term of not more than
one month.

37, Any Gold Mining Division Officer may convict upon view
of any of the offences punishable under the provisions of this Act,
or reirulations made under it.

38. The contravention on any day of any of the provisions of
this Act, or of any regulation made under it, shall constitute a
separate offence and may be punished accordingly.

30, All fees, penalties and fines received under this Act and
the costs of all such convictions as sliall take place before any
magistrate ai'pointed under this Act, shall form part of the Con-
solidated Kevenue Fund of this Province and be accounted for
and otherwise dealt with accordingly ; and the expenses of carrying
this Act into effect in any Gold Mining Division or Gold Mining
Divisions, shall be paid by the Governor out of the said Consoli-
dated llevenue Fund.

40, This Act may be known and cited as " The Gold Mining
Act."

From the " Canada Gazette,^' oflGtJi July, 1864,

DEPARTMENT OF CROWN LANDS,
Crown Domain Branch,

Quebec, \Qth July, 18G4.

His Excellency the Governor General in Council has
been pleased to declare, under section 2, of the Act 27th and
28th Victoria, Chapter 9, intituled : " The Gold 'Mining Act,"
the following tracts of country in Lower Canada to be " Gold
Mining Divisions " respectively, under the said Act, viz :

A division to be called '' the ChaudiOsre Gold Mining Division "
to comprise the counties of Megantic, Dorchester, Montmagny, and
Beauce, including in the latter the seigniory of Rigaud Vaudreuil,
for the purposes of the 30th, 31st and 32nd sections of the said
Act, and excluding the Townships of Spaulding, Ditchfield,
Clinton and Woburn, attached to the St. Francis Division here-

after mentioned ; Charles Lcfebvre de Bellcfcuillc, Esfjuirc, to bo
Gold iMininfi Inspector for this divii^ion under the said Act, Office
at St. Francois de la Beauce : — and a Division to be called "the
St. Francis Gold Mining Division," to comprise the counties of
Bagot, Dnnnmond, Arthabaska, Shefford, Bichmond, Wolfe,
Missis(|Uoi, Brorae, Stanstead and Compton, and the Townships
of Spauldinjr, Ditchfield, Clinton and Woburn, in the county of
Beauce; James Kempt Gilman, Esquire, to be Gold Mining
Inspector for this division, under the said Act, Office at Stanstead.

ANDREW RUSSELL,

Asst. Com. of Crown Lands.

From the " Canada Gazette^^ o/SOth July, 18G4.

DEPARTMENT OF CROWN LANDS,
Crown Domain Branch,

Quebec, 30^7i Julu, 1864.

His Excellency the Governor General, in Council, has
been pleased to add, under section 2, of the Act 27th and 28th
Victoria, chapter 9, intituled: "the Gold Mining Act," the fol-
lowing Townships and parts of Townships, to the limits of the
*' Chaudiiire Gold Mining Division," as erected by Order in Coun-
cil published in the Canada Gazette of the 16th instant, viz :
the Townships of Daaquara, Bellechasse, Roux and Mailloux, in
the County of Bellechasse, and those parts of the Townships of
Armagh and Buckland which are situate in the said County.

ANDREW RUSSELL,

Assist. Com. of Crown Lands.

CAP. IX.

An Act to amend Ihe Gold MIhIih/ Act, twonty-

sovcntli and twenty-eighth Victoria, chapter

nine.

[^Assented to IStJt September^ 18G5.]

WHEREAS it is necessary and expedient to amend The
(joUI Mining Act, twenty-seventh and twenty-clglith Vic-
toria, chapter nine : Therefore, Her Majesty, by and with the
advice and consent of the Legislative Council and Assembly of
Canada, enacts as follows:

J. The proviso contained in clause five of the said Act to the
effect " that no license fee shall be exacted for explorini!; for Gold
until the precious metul be discovered," is hereby repealed.

2. Tiie word " two" in sub-section four, of chmsc tliirty-two of
the said Act is hereby repealed, and the word ''four" substituted
therelbr.

M. Any complaint or dispute for, or in respect of waives be-
tween persons engaged in mining within any Gold Mining Divi-
sion, or their agents or representatives, and the laborers or servants
employed by them, may be heard and determined before the Officer
of such division, who may by summons require the attendance of
the defendant betbre him, and upon proof of the service of such
summons may, either in the absence or presence of the defendant,
determine such complaint in a summary manner, ou the oath of
any one or more credible witness or witnesses to be sworn before
him, and may levy such sum as he m ly adjudge to be due by such
person, or his agent or representative to such laborer or servant,
together with the costs of service by warrant of distress and sale
of the defendants jioods and chattels.

o"-

4:. This Act may be known and cited as The Gold Mining
Amendment Act of 1865.

From the " Canada Gazette" of 23rd September, 1865.

DEPARTMENT OF CROWN LANDS,
Crown Domain Branch,

Quebec, I'ird September, 1865.

HIS Excellency the Governor General in Council has
been pleased, under sub-section 4 of section 32 of the Act
27 and 28 Victoria, chapter 9, intituled: " The Gold Mining Act,"
as amended by section 2 of the Act 29 Victoria, chapter 9, inti-
tuled, " The Gold Mining Amendment Act of 1805," to include the
Seigniory of Rigaud-Vaudreuil in the " Chauditire Gold Mining
Division," mentioned in the notice of this Department of 16th July,
1864, for the purposes of the 28th and 29th sections of the said
Gold Mining Act, as well as for those referred to in the said notice,
and under section 2 of the said Gold Mining Act, to add the
Town of Sherbrooke, including the townships of Orford and Ascot,
to the St. Francis Gold Mining Division mentioned in said notice.

ANDREW RUSSELL,

Assist. Com. of Crown Lands.

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MINERAL LANDS.

Department of Crown Lands,
Ottawa, 12th March, 1866.

EEGULATIONS for the sale of Mineral Lands approved by
His Excellency the Governor General in Council.

INFERIOR metals.

1. That each regular mining tract in unsurveyed territory shall
consist of blocks of two hundred or four hundred acres.

2. That the dimensions of each regular mining tract of- four
hundred acres be forty chains in front by one hundred chains in
depth, and smaller tracts, except on lakes and rivers, in the same
proportion. The bearings of the outlines to be North and South,
and East and West, astronomically.

3. That mining tracts bordering upon lakes and rivers shall
have their frontage upon such waters, and shall be subject in all

cases to the public rijrhts in navigable or floatable waters; and
that milling tracts so situated, shall have a mean depth of one
Imndrcd chains back from such river or lake, (exclusive of road
allowuiu'c <if (ine chain in width, which shall be reserved along the
margin of such river or lake) in conformity with the above men-
tioned bearings.

4. That mining tracts in unsurveyed territory shall be surveyed
by a I'rovincial Land Surveyor, and connected with some known
point in previous surveys (so that the tract may be laid down on
the office maps of the territory), at the cost of the applicants, who
shall be required to furnish the surveyor's plan, field, notes, and
descriptions thereof in accordance with the foregoing regulations,
and to the satisfaction of the dcpai-tmcnt.

5. The price shall be one dollar per acre, payable into tlie De-
partment of Crown Lauds at the time of making application.

G. That in surveyed townships, lots presenting indications of
minerals, be sold on the above conditions, but at not less than one
dollar per acre in any township, and at the same price as the other
lands ill the township when it is more than one dollar per acre.

7. That mining lands in surveyed townships be sold by the
local agents for cash, but all lands in unsurveyed territory shall be
sold by the department.

8. The above regulations do not apply to mines of gold and
silver.

GOLD AND SILVER.

9. That in selling the lands in the gold mining divisions, the
department is to discriminate as far as practicable between pur-
chasers for actual settlement, bond fide, and those for mining or
speculative purposes-, selling to the former for the present prices
and fferms (subject to an increase to S2 an acre, under the order
of 8th August, 1864, when actually worked for gold) ; and to the
latter, for one dollar an acre — cash.

10. That in Letters Patent for lands on the shores of Lakes
Superior and Huron, the clause reserving all mines of gold and
silver be omitted at the discretion of the Commissioner of Crown
Lauds.

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11. All previous regulations inconsistent with the above art'
cancelled.

A. CAMPBKLL,
. CoMiuiisHioncr.

MINERAL LANDS.

Department op Crown Lands,
Ottawa, Wh Juli/, 18GG.

J^GULATTONS for tho sale of Mineral Lands approved
His Kxcelloncy the Governor General in Council.

INFERIOR METALS.

and

1. That each regular mining tract in unsurveyed territory shall
consist of blocks of two hundred or four hundred acres.

2. That tho dimensions of each regular mining tract of four
hundred acres be forty chains in front by one hundred cliains in
depth, and smaller tracts, except on lakes and rivers, in tho same
proportion. . The bearings of the outlines to be Nortli and South,
and Ea'st and West, astronomically, in the unorganized territories
in Upper Canada and parallel to the outlines of tho townships
elsewhere.

3. That mining tracts bordering upon lakes and rivers shall
have their frontage upon such waters, and shall be subject in all
cases to the public rights in navigable or floatable waters ; and
that mining tracts, so situated, shall have a mean depth of one
hundred chains back from such river or lake, (exclusive of road
allowance of one chain in width, which shall be reserved along the
margin of such river or lake) in conformity with the abovemen-
tioned bearings.

4. That mining tracts in unsurveyed territory shall be surveyed
by a Provincial Land Surveyor, and connected with some known
point in previous surveys (so that the tract may be laid down on
the office maps of the territory,) at the cost of the applicants, who
shall be required to furnish with their application the surveyor's
plan, field, notes, and descriptions thereof in accordance with the
foregoing regulations, and to the satisfaction of the department
and pay the price of one dollar per acre, into the Department of
Crown Lands at the time of making application.

5. That in surveyed townships, lots presenting indications of
minerals, be sold on the above conditions, but at not less than one
dollar per acre in any township, and at the same price as the other
lands in the township when it is more than one dollar per acre.

6. That mining lands in surveyed townships be sold by the
local agents for cash, but all lands in unsurveyed territory shall
be sold by the department.

7. The above regulations do not apply to mines of gold and
silver.

GOLD AND SILVEA.

8. That in selling the lands in the gold mining divisions, the
department is to discriminate as far as practicable between pur-
chasers for actual settlement, ho7id Jid'i, and those for mining or
speculative purposes : selling to the former for the present prices
and terms (subject to an increase to $2 an acre, under the order
of 8th August, 1864, when actually worked for gold) ; and to the
latter, for one dollar an acre — cash.

9. That in all Letters Patent for lands, the clause reserving all
mines of gold and silver be omitted. *

10. All previous regulations inconsistent with the above are
cancelled,

A. CAMPBELL,
Commissioner.

CAP LXIV.

An Act respecting Mining Companies.

HER Majesty, by L,ad with the advice and consent of the
Legislative Council and Assembly of Canada, enacts as
follows :

1, The proprietors of any mine in Canada may construct a
gravel or macadamized road or a tramway from their Mines to the
nearest navigable waters or railway or highway, and may take any
land required for right of way and stations at a fair valuation,
under the provisions of the eleventh section of the Railway Act,
in that behalf, headed " Lands and their valuation," which shall
apply to such proprietors, but the said gravel or macadamized
road or tramway shall not exceed twenty miles in length. 20 V.
c. 15, s. 1.

2, The proprietors of any such Mine holding lauds in fee
simple having a frontage of one mile or upwards on any navigable
lake, river or stream, may

1. Construct harbours, wharves, piers, and other erections
thereon, at the bank of such lake, stream or river, for the accom-
modation of all kinds of steamers, vessels and craft :

2. Make rules and regulations for the government and manage-
ment of such wharves and harbours :

3. Impose and levy acording to a tariff to be by them adopted
for that purpose, and which may be from time to time altered and
amended, reasonable wharfage and harbour dues, and fines for the
infraction of such rules and regulations. 20 V. c. 15, s. 2.

3. No such rules, regulations or tariff shall be of any force or
effect until sanctioned or approved of by the Governor, and no
fine thereby impused shall exceed twenty dollars for any one offence,
and such tines shall be recovferable in a summary way before any
two Justices of the Peace, as if imposed by Act of the Legislature.
20 V. c. 15, s. 2.

i :l
i I

4. Any Mining Company, or the proprietors of any Mine, may
improve and render navigable for the transport of freight to and
from the Mine, any water course or water courses, or may construct
a channel of communication between navigable water courses, that
may be necessary for the full and proper development thereof for
the more advantageous working of the Mine and the conveyance
of freight to and from the same. 20 V. c. 15, s. 3.

5. But every Mining Company or the proprietors shall be liable
to indemnify all or any person or persons who may suffer injury
to property or rights in consequence of their so doing, according to
the laws of that part of the Province in which the water courses
may be respectively. 20 V. c. 15, s. 3.

6* For the purposes aforesaid, the Mining Company, or proprie-
tors of any Mine, may enter into and upon the lands of Her
Majesty, or of any person or persons, body corporate or otherwise,
for the purposes and subject to the conditions aforesaid, and may
survey and take levels of the same or any part thereof, found
necessary and proper for the construction of tramways or for
making channels of water communication or improving the naviga-
tion of any water course or water courses, so as to facilitate the
working of such Mine or the conveyance of freight to and from
the same. 20 V. c. 15, s. 4.

y. No beach, lot, or land covered with water or other public
property, shall be taken under this Act without the consent of the
Governor in Council, and then only upon such terms and condi-
tions as he thinks proper. 20 V. c. 15, s. 5,

S- No Harbour or river improvement shall be made under this
Act, or any property taken therefor, until the proposed plan and
extent thereof, and of the works therewith connected, have been
submitted to and approved by the Governor in Council : but such
plan may afterwards be altered and extended with such consent
and approval. 20 V. c. 15, s. 5.

THE GREAT CA^'ADIAi\', AMERICA.^, k EUROPEAN

If iif liiiii ifHUi

CHARLES LEGGE & CO.,

48 GREAT ST. JAMES STREET, MONTREAL,

WITH BRANCH OFFIOES IN

Washington, London, Paris, Brussels, Vienna, & St. Petersburg.

Charles Legge & Co. have much pleasure in drawing the attention of
Inventors to the unrivalled facilities they possess for obtfiining Letters
Patent in the Dominion of Canada, and in other countries, as well as to
the opportunity thus offered for securing Inventions in the most perfect
manner, and o'^ the most favourable terms.

Inventors visiting Montreal should call at our offices, Avhere they will
be most cordially received, and furnished with all the information they
may require ; or, if not convenient to visit Montreal, their business can
be transacted equally well by correspondence. All communications,

EITHER VERBAL OR BY LETTER, ARE, IN THE STRICTEST SENSE OF THE WORD
CONFIDENTIAL. '

A large proportion of the Patents granted in Canada are obtained
through our Agency, and nearly all the foreign ones.

Designs and Trade Marks enregistered. All letters to be post-paid.
Send for a Pamphlet, giving full information.

ALEX. HENDERSON,

10 PHILLIPS SQUARE, BEAVER HALL,

Landscape Work undertaken by agreement.

PORTRAITURE,

A large number of Canadian Landscapes always on view.

I i

I /;

HUGHES'

Portable Self-Sustaining & Adjustable

CI,

COMBINED.

The Subscriber having lately obtained Letters Patent for
the said improved Fence, solicits applications ; if by Mail,
Post-Paid, for the Sale of Rights to Counties or to Townships
throughout Canada.

Address,

CHARLES HUGHES,

Montreal.

§)

STOCK & SHARE BROKER,

No. 18 ST. JOHN STREET,

STERLING AND NEW YORK EXCHANGE,

BOUGHT AND SOLD AT CURRENT RATES.

Investments made and Loans eflfected on Real Estate, and
Mortgaj^es sold.

Special attention paid to the sale of Mining Properties and
Mineral locations.

table

2i,

3nt for

Mail,

rnships

TREAL.

iR,

I, and
s and

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Full text of "Practical suggestions on mining rights and privileges in Canada [microform] : with an appendix containing the gold mining regulations & c."

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